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PENA-MURIEL v. GONZALES

No. 05-1937.

489 F.3d 438 (2007)

Fredy Hugo PENA-MURIEL, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Ronald Olen, for petitioner.

Papu Sandhu, Senior Litigation Counsel, Michael J. Sullivan, U.S. Attorney, Frank Crowley, Special Assistant U.S. Attorney, Peter D. Keisler, Assistant Attorney General, and David M. McConnell, Deputy Director, on brief for respondent.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

Noting that a court has now vacated the criminal conviction on which his removal proceedings were premised, Fredy Hugo Pena-Muriel asks us to vacate the Bureau of Immigration Appeals' ("BIA") decision refusing to reopen his removal proceedings. Pena-Muriel argues that a change in immigration law or, alternatively, principles of due process require such a reopening, even though he left the country before he petitioned the government to reopen...

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